NJSBA Family Law Section

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  • 1.  annulment

    Posted 10-23-2019 05:38 PM
    Client was married in June 2019.  He advises marriage was never consummated.  Wife traveled to home country of Spain to tend to dying uncle 3 days after the marriage.  She won't be back until next year and Client tells me she agrees to be divorced.  This doesn't seem to fit under the annulment statute unless the catchall applies: NJSA 2A:34-1 (1) f. "allowable under the general equity jurisdiction of the Superior Court."  Do you think we apply for an annulment or go for a divorce?

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    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    (732)409-7777
    [email protected]
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  • 2.  RE: annulment

    Posted 10-23-2019 06:04 PM

    Mary Jane,

      Why not 1d – "...fraud as to the essentials of marriage; and has not subsequently ratified the marriage"?

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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  • 3.  RE: annulment

    Posted 10-23-2019 07:06 PM
    Yes, Mary Jane we covered this in similar annulment issue in Easton v Mercer, unreported opinion which appeared  on Judiciary website in 2015.  



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  • 4.  RE: annulment

    Posted 10-24-2019 08:26 AM

    I would also suggest trying for the annulment and doing the divorce as back up.  Whenever I file annulments I label them Complaint for Annulment and Complaint for Divorce and then include the irreconcilable differences language.

     

    Crystal M. Ullrich, Esq.

    Weinberger Divorce and Family Law Group, L.L.C.

    908-845-5000   [email protected]  I   www.WLG.com

     

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